|
|
|
People's Procuratorate of Tianjin Municipality v. Cui Wenrui (Case on Speculative Profiteering)
|
|
崔文瑞投机倒把案
|
|
【法宝引证码】
|
- Type of Dispute：
Criminal
- Legal document：
Ruling
- Judgment date：
10-24-1994
- Procedural status：
Death Penalty Review
|
|
|
|
People’s Procuratorate of Tianjin Municipality v. Cui Wenrui (Case on Speculative Profiteering)
(Case on Speculative Profiteering)
崔文瑞投机倒把案
|
|
|
|
|
|
|
People's Procuratorate of Tianjin Municipality v. Cui Wenrui
(Case on Speculative Profiteering) | | 崔文瑞投机倒把案 |
BASIC FACTS | |
|
Defendant: Cui Wenrui, male, 51, former retired worker of Supply and Marketing Cooperative of Suqiao Town, Wen'an County, Hebei Province. He was arrested on May 10, 1994. | |
被告人：崔文瑞，男，５１岁，原系河北省文安县苏桥镇供销社退休工人，１９９４年５月１０日被逮捕。 |
For the case on the speculative profiteering committed by Cui Wenrui (the defendant, Cui hereafter), the Branch of the People's Procuratorate of Tianjin Municipality lodged a prosecution with the Intermediate People's Court of Tianjin Municipality (hereinafter referred to as Tianjin Intermediate Court). It was found out by Tianjin Intermediate Court after public trial: | |
被告人崔文瑞投机倒把案，由天津市人民检察院分院向天津市中级人民法院提起公诉。天津市中级人民法院经公开审理查明： |
In April 1993, Cui conspired with Shen Huilan (“Shen” hereafter) and Cao Peizeng (“Cao” hereafter) (both Shen and Cao had been sentenced) to issue invoices either on behalf of others or falsely in order to make profits. After that, being recommended by Cao, Cui and Shen negotiated with Yao Yuqiao (who was manager of Tianjin Yitong Industrial Company and had been sentenced) and determined to, under the pretext of establishing Tianjin Tianjin Yitong Industrial Company Hardware and Water-heating Equipment Marketing Department, an entity of non-independent accounting status which is subordinate to Yitong Industrial Company, provide Cui, et al with invoices. Subsequently, Cui, et al obtained some invoices via Li Guoan (manager of Tianjin Anda Industrial Company, punished in another case), Fang Guoquan (manager of Hardware and Local Products Business Department in Beicheng District, Tianjin, punished in another case) and Zhao Jinru (cadre of Civil Affairs Section of Qinghe Street Sub-district Office, Heping District, Tianjin Municipality, having been sentenced). | |
１９９３年４月，被告人崔文瑞与沈惠兰、曹培增（均已判刑）共谋对外代开、虚开发票非法牟利。之后，经曹培增介绍，崔文瑞、沈惠兰与天津市轶通实业公司经理姚玉桥（已判刑）商定，以成立轶通实业公司下属非独立核算单位“天津市轶通实业公司五金水暖购销部”为名，向崔文瑞等人提供发票。以后，崔文瑞等人又通过天津市安达实业公司经理李国安（另案处理）、天津市北辰区五金土产经营部经理房国权（另案处理）、天津市和平区清和街办事处民政科干部赵金如（已判刑）获取发票。 |
From April 1993 to March 1994, Cui and Shen successively issued 148 volumes or 5939 copies of various invoices on behalf of others or falsely in collusion with others, with the invoiced amount at 13,241,994 odd Yuan. Among the invoices, there were 115 volumes of common invoices, with an amount of 10,028,911 odd Yuan; 33 volumes of and 1373 copies of special invoices for VAT, with an invoiced amount of 3,213,083 odd Yuan. The illegal profits amounted to 348,003 odd Yuan, including 244,603 odd Yuan of illicit money got by Cui and Shen. They caused nearly 1.5 million Yuan of tax losses to the state. After the case occurred, 155,660 Yuan of illicit money and partial illicit properties were confiscated. | |
１９９３年４月至１９９４年３月，被告人崔文瑞与沈惠兰伙同他人先后代开、虚开各种发票１４８本，开出发票５９３９份，开票金额１３２４．１９９４万余元。其中，开出普通发票１１５本，１００２．８９１１万余元；增值税专用发票３３本，１３７３份，开票金额３２１．３０８３万余元，非法获利３４．８００３万余元，被告人崔文瑞和沈惠兰得赃款２４．４６０３万余元，造成国家少收税款近１５０万元。案发后，追缴赃款１５．５６６万元及部分赃物。 |
The above-mentioned facts can be proven with the testimonies of witnesses, the documentary evidence such as original invoices, the criminal technology authentication conclusion, and other defendants in the same case, etc. Cui also confessed the facts without reservation. | |
上述事实有证人证言、原始发票等书证和刑事科学技术鉴定结论、同案被告人供述等证据证实，被告人亦供认不讳。 |
PROCEDURAL POSTURE | |
|
Tianjin Intermediate Court held that, in accordance with Article 2 of the “Provisions of the Supreme People's Court and the Supreme People's Procuratorate on Application of Laws for Handling Criminal Cases on Forging, Profiteering or Stealing Invoices”, i..e, “Whoever, for the purpose of making profits, illegally issues invoices either on behalf of others or falsely, with the invoiced amount totaling 50,000 Yuan or more, or illegally issues special invoices for VAT either on behalf of others or falsely, with the amount of deducted taxes at 10,000 Yuan or more, shall be subject to criminal liabilities for the crime of speculative profiteering”, Cui's acts had constituted the crime of speculative profiteering. In accordance with Article 1 (i) of the Decision of the Standing Committee of the National People's Congress on the Severe Punishment upon Criminals Who Seriously Sabotage the Economy, Cui should be punished severely. In accordance with Article 60 of the “Criminal Law of the People's Republic of China”, any property illegally obtained by the criminal shall be confiscated. In accordance with Article 53 (1) of the Criminal Law, Cui shall be deprived of political rights for life. Therefore, Tianjin Intermediate Court decided as follows on October 6, 1994:
．．．．．． | |
天津市中级人民法院认为，根据最高人民法院、最高人民检察院《关于办理伪造、倒卖、盗窃发票刑事案件适用法律的规定》第二条“以营利为目的，非法为他人代开、虚开发票金额累计５００００元以上的或者非法为他人代开、虚开增值税专用发票抵扣税额在１００００元以上的，以投机倒把罪追究刑事责任”的司法解释，崔文瑞的行为构成投机倒把罪。依照全国人民代表大会常务委员会《关于严惩严重破坏经济的罪犯的决定》第一条第（一）项的规定，应当予以严惩。依照《中华人民共和国刑法
．．．．．． |
|
Dear visitor, as a premium member of this database, you will get complete access to all content.Please go premium and get more.
1. To become a premium member, please call 400-810-8266 Ext. 171.
2. Binding to the account with access to this database.
3. Apply for a trial account.
4. To get instant access to a document, you can Pay Amount 【￥200.00】 for your single purchase. | |
您好：您现在要进入的是北大法宝英文库会员专区。
如您是我们英文用户可直接 登录，进入会员专区查询您所需要的信息；如您还不是我们 的英文用户；您可通过网上支付进行单篇购买，支付成功后即可立即查看本篇内容。
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail:info@chinalawinfo.com
|
| | | | | | | | |
Scan QR Code and Read on Mobile
|
|
|
|
|
|
Message: Please kindly comment on the present translation.
|
|
|
|
|
|
|
|
|
Translations are by lawinfochina.com, and we retain exclusive copyright over content
found on our website except for content we publish as authorized by respective copyright
owners or content that is publicly available from government sources.
Due to differences in language, legal systems, and culture, English translations
of Chinese law are for reference purposes only. Please use the official Chinese-language
versions as the final authority. Lawinfochina.com and its staff will not be directly
or indirectly liable for use of materials found on this website.
We welcome your comments and suggestions, which assist us in continuing to improve
the quality of our materials as we dynamically expand content.
|
|
|
|
|
|